Montana Code 72-31-367. Effect on existing powers of attorney
72-31-367. Effect on existing powers of attorney. Except as otherwise provided in this part, on October 1, 2011:
Terms Used In Montana Code 72-31-367
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Power of attorney: means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used. See Montana Code 72-31-302
(1)this part applies to a power of attorney created before, on, or after October 1, 2011, unless it is a health care power of attorney;
(2)this part applies to a judicial proceeding concerning a power of attorney commenced on or after October 1, 2011, unless it is a health care power of attorney;
(3)this part applies to a judicial proceeding concerning a power of attorney commenced before October 1, 2011, unless the court finds that application of a provision of this part would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that provision does not apply and the superseded law applies; and
(4)an act done before October 1, 2011, is not affected by this part.